In re Madeline H. CA2/2

Filed 3/3/16 In re Madeline H. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re Madeline H., a Person Coming Under B265117 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK71235)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

Johnny H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Stephen Marpet, Juvenile Court Referee. Affirmed. Donna Balderston Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Kimberly A. Roura, Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minor.

****** Johnny H. (father) appeals the juvenile court’s jurisdictional finding that he “nonaccidentally” placed his infant daughter at risk of serious physical harm by leaving her in the custody of her mother, Roxanne G. (mother). Substantial evidence supports this finding, so we affirm. FACTUAL AND PROCEDURAL HISTORY 1 In July 2014, Madeline H. was born to mother and father. Since her birth, mother and father have lived apart. Father has visited Madeline “once in a while” and has sometimes spent the night with mother. During one of his visits the week of January 11, 2015, mother became upset with father as he tried to leave. She threw a car seat at father—while Madeline was still in the seat—and told him to take the baby with him. Father put Madeline down, told mother not to take their problems out on the baby, and got into his car to leave. Mother then “socked him in the mouth.” Father drove away. In the early morning hours of January 18, 2015, father rebuffed mother’s requests to come visit him. Mother then got into a heated exchange on the phone with one of father’s female friends who was at father’s residence. Although mother had been drinking alcohol, she put Madeline in her car and drove over to father’s residence; she brought along two metal paint scrapers and a 12-inch crescent wrench. Immediately after arriving at father’s residence, mother and father’s female friend got into a fight; mother, the friend, and two more of father’s friends suffered cuts and bruises to their faces before mother was restrained. Father called police, and mother was arrested for assault with a deadly weapon, child endangerment and making criminal threats. As a result of this incident and an ensuing investigation, the Los Angeles County Department of Children and Family Services (Department) filed a petition in March 2015